Article 13 – The right to education

234. The duty of the State to ensure universal access to education and culture is established in the Portuguese Constitution. The general guidelines for education policies are rooted in the Framework Law on Education (Law no. 46/86, of 14th October, republished by Law no. 49/2005, of 30 August).⁴⁹

235. Primary and secondary education provision is ensured by the state, free of charge; higher education is not free of charge but state financial support is ensured to make it accessible to all students according to their capacities.

236. The guiding principles of curriculum organization and management in basic education aim at ensuring a common general background education to all citizens, by providing the acquisition of fundamental knowledge and skills that allow both the continuation of studies and full participation in society as free, conscientious and autonomous citizens.

237. School curricula include education on economic, social and cultural rights. Primary education study plans include “Civic education”; in higher secondary education such contents, also integrated in some curricular subjects, are mainly developed in a cross curricular perspective on a project-based learning model (see annex, table 63- Student/teaching staff per year, according to the level of education, by school year – public schools).

238. Compulsory education has been gradually enlarged in the last forty years. From early nineties up to 2009 it corresponded to the so called ensino básico, i.e., nine years of formal education starting for all children at the age of 6 (completed until 31 December) and corresponding to primary and lower secondary education. Currently, education is compulsory for all from 6 to 18, according to Law no. 85/2009, of 27 August;⁵⁰ this measure has been subject to a phasing in process of implementation, but it now applies to all children and young persons within that age limit.

239. Pre-school education is not compulsory but great investment has been made to enlarge the service provision network, constituted by state institutions and by private or non-profit ones. Pre-school education is universal and free of charge to all children aged 5; although at this level it is not compulsory, the rate of attendance is very high (around 90 per cent). Moreover, the network provision also ensures access for 3-5-year-old children.

240. In compulsory education, as far as State schools are concerned, there is neither enrolment, nor attendance, nor certification fees, in all levels of education (1-12 years).

241. Text books and other school materials are in general paid by the families. However, text books can be made available free of charge through support structures organized by schools and municipalities (e.g. borrowing system). Moreover, the social welfare system provides economic support to students from poorer households, both in basic and secondary education; that support may include costs with school books, meals and transportation, and exceptionally accommodation when students’ pathway choice involves moving to a school far from the residential area.

242. By Law 85/2009, 27 August, compulsory education has been enlarged until the age of 18 or until students complete secondary education (this can happen at the age of 17, if children start school at 5, completing 6 until 31 December).

243. Upper secondary education is accessible and free of charge to all students. It corresponds to a 3-year cycle (years 10-12) and is organized into different forms, namely: (i) scientific humanistic courses, of general academic nature, oriented to further studies; (ii) vocational courses, oriented to entry into active life by obtaining a professional qualification, e.g. professional courses and specialized artistic courses (see annex, table 64- Net enrolment ratio, according to the school year, by age (%) higher secondary education).

244. For adults who have not completed this level of education at the regular age, there is also the modality of recurrent education, a second chance learning opportunity, available both for basic and secondary education.

245. Vocational courses are available in public and private vocational secondary schools, integrated in the public school network. These courses are for adolescents who have completed basic education (9th year of schooling) and want training that will prepare them to enter the labour market. The essential objectives of these courses are to respond to the needs of vocational training; and to qualify and diversify supply by creating a regionalized network of initial level 3 training leading to qualification.

246. Education and Training Courses provide a level 1, 2 or 3 qualification, or the equivalence of compulsory schooling levels (6th, 9th or 12th year), and are provided by the network of public, private and cooperative schools, vocational schools and centres directly managed and funded by the Institute for Employment and Vocational Training, or other accredited training bodies, in coordination with community bodies.

247. New legislation (Decree-Law nº 88/2006) was approved regulating the creation of post-secondary education programmes, i.e. Technological Specialization Courses, CETs) aimed at increasing the availability of technical and vocational education and widening access to such programs for new publics. This process has brought a new dynamism to post-secondary education in Portugal, in particular at polytechnic institutes. About 5000 students were enrolled in these programs every year since 2007/08 (compared to around 1000 students in 2005), which represents a significant opening up of higher education in Portugal.

248. New legislation was also approved providing greater flexibility in admissions and access to higher education, in particular for students aged over 23. Above 10 000 new students were enrolled in higher education through this type of mechanism since 2007/08 (up from around only 900 adults who started higher education in the 2005-06 academic year), representing another significant opening up of higher education in Portugal.

249. A new system of student loans with mutual guarantee underwritten by the State was launched in 2007/08.

250. The National System for the Recognition, Validation and Certification of Competencies⁵¹ (RVVC) was implemented in 2001. This system is designed for adults who are 18 years of age or older and who have not completed the 1st, 2nd or 3rd cycle of basic education, or secondary education. The RVCC system allows for certification of academic and professional competences acquired throughout their lives in formal, non-formal and informal contexts.

251. Adult Education and Training Courses are addressed to: those (i) who are 18 or more; (ii) who wish to complete the 4th, 6th, 9th or 12th grade; (iii) who wish to obtain level 1, 2, 3 or 4 of qualification (National Qualifications Framework). They may grant dual certification (academic and vocational), or only an academic or vocational certification.

252. Certified Modular Training Courses are aimed at adults over 18, without suitable qualification for insertion or progression in the job market and, primarily, for those who did not conclude the basic or secondary education levels. Trainees under the age of 18 may be included in modular training courses as long as they are integrated in the job market or in educational centres belonging to the Justice Department.

253. Recurrent education as a second chance secondary education is an approach in adult education providing a second opportunity for education in the school context, based on an assessment model and programmes adapted to a modular organization. Such a modular system and the timetable (evening lessons) make it possible to balance study time with work. Second chance learning courses are for individuals who, having completed the 9th year of schooling or the equivalent, want to obtain secondary level education and, depending on the course, a level 3 vocational qualification.

254. In order to increase reading habits and improve the literacy of the population, the National Reading Plan was launched in 2006 and is being carried out along with the reinforcement of the School Libraries Network. The positive results of this measure are already noticeable: reading habits in schools and within the families have increased and the latest PISA (OECD Programme for International Student Assessment) study has revealed remarkable success in reading literacy, also with effects in other learning areas, since the capacity to read and interpret determines effective access to understanding and producing knowledge.

255. As far as education of minority children is concerned, an integration approach favouring multicultural classes is the official policy. Instruction in their native language is not common, given the fact that they are not geographically concentrated. In a school situated in a community with a high rate of African-born population, a project has been carried out consisting of teaching Creole to students of African origin and also to teachers in order to promote an intercultural approach. In order to improve equality of opportunities in the education system, measures have been adopted to support the integration of students whose mother language is not Portuguese. In the field of teaching Portuguese as a Second Language, relevant steps have been made, namely by providing teacher training, approving specific legislation and defining curriculum guidelines.

256. As for enrolment of non-native students in Portuguese schools, changes have been introduced in the system of equivalence of foreign certificates in order to simplify and speed up the process, as well as reinforce school autonomy.

257. Sociocultural mediators have frequently been appointed by local authorities or special employment programmes to work in schools with a high level of ethnic diversity. These mediators have played an important role in furthering family participation in school dynamics and intercultural dialogue.

258. The Portuguese legal system forbids discrimination based on sex; girls and boys attend the educational system in equal legal circumstances (see annex:

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  Table 65– Percentage of women enrolled and in education and training activities, according to the level of education and the cycle of education
  
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  Table 66– Feminisation rates of students enrolled and participating in education and training activities, according to the type of courses
  
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  Table 67– Proportion of women graduates in the tertiary education, by field of education
  
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  Table 68– Gross enrolment ratio, according to gender and level of education, by school year ( per cent)
  

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  “Programa Mais Sucesso Escolar” – Programme More Success at School, to reduce failure rates and raise student achievement, by implementing different school organizational models through partnerships with universities;
  
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  “Ensino a Distância para a Itinerância” - a distance learning project designed for students at the age of compulsory education whose parents must often move away due to their professional activity (e.g. circus workers/artists, marketers, etc);
  
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  “Percursos Curriculares Alternativos” - alternative curriculum paths addressed to students under 15 with learning difficulties, repeated school failure, at risk of social exclusion and/or school dropout. This measure focuses on the development of essential skills, especially in Portuguese and Mathematics, and on the provision of artistic or vocational training for students within the age of regular mainstream education;
  
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  “Territórios Educativos de Intervenção Prioritária” - Educational Territories of Priority Intervention, which resulted from several measures to support population in need, to improve the quality of student learning and prevent early school leaving, to provide educational guidance and counselling and qualified transition to active life, as well as to promote articulation among key stakeholders: schools, social partners and training institutions.
  

(see annex, table 69– Dropout and retention rate, according to the school year, by level of education (per cent) – Regular education), and table 70– Dropout and retention rate, according to the school year, by gender and level of education ( per cent) – Regular Education).

261. According to available data, there is a non-significant difference in terms of sex regarding the attendance of Professional Courses (PC) and Vocational and Training Courses (VTC) (see annex, table 71– Attendance of Professional Courses and Vocational and Training Courses).

262. Compulsory schooling is free and available for boys and girls, in Portugal, over the whole territory (see annex;

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  Table 72– Gross enrolment ratio, according to the level of education, by school year ( per cent) – 2001/02 – 2010/11
  
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  Table 73– Gross enrolment ratio, according to gender and level of education, by school year ( per cent)
  
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  Table 74– Net enrolment ratio, according to the school year, by age (per cent) – Compulsory Education).
  

263. Portugal created a network of cultural equipment such as public libraries, museums (there are actually 321 museums in the country), theatres, cultural centres and multiuse pavilions, of which the most advanced model at local collectivities’ level, is the network of public libraries (of which 186 were inaugurated), aimed at lending cultural works and encouraging reading. This model of cultural intervention is being reproduced at the secondary school level, with the network of school libraries.

264. Public archives are also important. There are 28 public archives in the territory plus the central one, Torre do Tombo, in Lisbon. The number of lectors in Torre do Tombo (realizing historic research, for example) is steadily growing. In 2008, there were 20 472 lectors registered in Torre do Tombo and in the District archives of Porto and Aveiro, the number of lectors has doubled from 2000 to 2008. In the same time period the National Network of Public Libraries made available more works, registering a growth of 144 per cent in available books.

265. Some initiatives are the reduction in 50 per cent of the price of the cinema tickets on Mondays; free access or at reduced prices to museums and exhibitions, in certain periods of the year, or for specific groups such as young people. From 2005 onwards, the number of free entrances in museums grew, surpassing the paid access (in 2008, 62 per cent of the visits were free).

266. The realization of initiatives such as the Festa da Música at the Belém Cultural Centre, the cultural itinerancies (theatre exhibitions, arts expositions) supported by the State and the local collectivities are also integrated in the kind of measures aimed at making it affordable for citizens to access culture.

267. Although, since 2005, in what concerns the Budget for Culture, the importance of culture has been decreasing, in 2008, the visits to Monuments rose to 2.942.856, to museums, they rose to 1.218.718, and to palaces to 1.070.819. In the National Library (Biblioteca Nacional) the number of received lectors has diminished but the number of active lectors has increased. (42.453 registered lectors in 2008). The enlargement of the Public Network increased considerably the number of lectors and in 2008, there were 522.898 Public Libraries Network Cards among the public. This increase is also reflected in the number of works lent to the public, which tripled between 2000 and 2008.

268. There has been a great development in book editing, with a considerable increase in the offer of translated books, as well as the regular realization of book fairs all over the country at reduced prices. The growth of internet sites, portals, and electronic works in the field of culture is also an aspect which favours the information and the dissemination of goods and cultural initiatives.

269. The question of students whose mother tongue is not Portuguese has been approached recurrently by the Ministry of Education. As an example, a survey performed in 2006 revealed that Portuguese schools enrol students coming from 120 countries, speaking 80 different languages at home. The Ministry of Education has put in place an Action Plan to help support the around 80.000 non-native students enrolled in Portuguese schools, in order to contribute to their full integration in the education system.

270. Most of the built equipment obey in their architectural project to accessibility rules, in order to allow the best access to people with disabilities. The Institute of Museums and Conservation, even has a program entitled “Accessibilities”, for museums, in particular the 28 museums under its supervision, where adaptation works have been done. In some of them there is information in Braille and this measure is being progressively adopted in private and municipal museums.

271. RTP, the public TV channel, also has translation in sign language in many informative programmes.

272. Intercultural Mediation in Public Services is a pilot project developed under the European Fund for the Integration of Third Countries, coordinated by the ACIDI to promote the integration of cultural diversity in public services, asserting the principle of interculturalism as a pillar of social cohesion. Under this project, 28 intercultural mediators were placed in 25 public services, in order to provide assistance to immigrants. The public services involved are mostly health care (13) and municipal services (7). Mediators were also placed in the following areas: public security police, social security, housing, employment, and education. An estimated 14,000 people benefited and it had an estimated total cost in 2009 of € 433,914.88.

273. In order to help Portuguese public schools deal with the increasing number of foreign students and greater social, cultural and ethnic diversity, the Entreculturas Board was created in 1991 within the Education Ministry. A wide range of activities were developed to sensitize schools and educational stakeholders regarding intercultural education as a means to facilitate the integration of migrant and ethnic minority children in schools and to ensure better and more equal opportunities.

274. The Roadmap for Arts Education was drafted based on the deliberations undertaken during and in the follow-up of the World Conference on Arts Education (6-9 March 2006, Lisbon, Portugal).

275. Depending on areas, Specialized Artistic Education (SAE) is structured on basic education (2nd. and 3rd. cycles) for Dance and Music, which should be taught at an early age and in sequence, and is completed in secondary education; or it begins and is completed at secondary level in the Visual and Audiovisual Arts and Theatre, where early learning is not essential. SAE courses may be administered by the network of public, private and cooperative schools.

276. Portugal was one of the first countries in Europe to ensure the broadband connection of all public primary and secondary schools. They were all linked in January 2006. From 2005 to 2008, the number of computers per primary and secondary school students decreased from 11 to 8 while the number of computer with Internet connection per primary and secondary school students also decreased from 16 to 9.

277. The number of “internet spaces” available across the country has been enlarged and the Network of Internet Spaces with more than 1.170 “Internet Spaces” providing free internet access with computers and specialized staff across the country has been reorganized.

278. While the rights of the author are defended in the Code in the sense that he/she shall not be deprived of his/her intellectual property over the arts work, article 75 of the Code of Authors’ Rights establishes exceptions to the absolute protection of the Authors’ right allowing the art work to be known and its content to be disseminated.

279. These exceptions to the authors’ rights are justified in order to bring about the balance between the interests of the creator and the interests of the public. Article 75 of the Author’s rights and connected rights code reproduces, in an approximate way, the optional list of exceptions contained in article 5 of the EC Directive on the Author’s right in the information society (Directive 2001/29/EC, dated 22 May). This list foresees a significant number of cases and exceptions to the Author’s right, grounded on the protection of relevant social, cultural, educational and information interests which prevail over the exclusivity recognized to the rights’ owners.

280. Law no 50/2004, of 24 August, approved the Portuguese Copyright Code.

281. There are no restrictions on the exercise of this freedom (art. 73 of the Constitution of the Portuguese Republic and legislation that establishes regulations on scientific institutions).

282. The Ministry of Science, Technology & Higher Education has in place various bilateral cooperation agreements with countries across the world in the fields of higher education, science and technology. These agreements contribute to the establishment of multinational teams working on joint research projects, thus facilitating intercultural dialogue and mutual learning.

283. In 2006, the Portuguese Government, through the Portuguese Science and Technology Foundation also initiated an innovative program of strategic international partnerships in science, technology and higher education by bringing together several Portuguese and leading American universities, including the Massachusetts Institute of Technology (MIT), Carnegie Mellon University, Harvard Medical School and the University of Texas at Austin. These partnerships facilitated the creation of broad and effective thematic networks aimed at advancing science, technology and higher education in Portugal to internationally competitive levels. The advanced training programmes with the leading American Universities are open to applications to Portuguese and foreign nationals.

284. New legislation governing the entry, stay and departure of highly skilled foreigners was approved in 2007 (Law 23/2007 of 4 July and Regulatory Decree n. 84/2007) establishing a more simplified regime for the admission of scientists, academics and other highly skilled foreigners who want to work in Portugal. In 2008, Portugal attracted 533 highly qualified foreigners from more than 40 countries, more than double than in 2007.

285. The systematic development and promotion of activities to foster science awareness, science education and the role of science in the daily life of citizens has been implemented primarily through the National Agency for Scientific and Technological Culture, “Ciência Viva”. The activities of “Ciência Viva” are based on the following main instruments:

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